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HomeMy WebLinkAbout2022-11-16 - Board of Directors Meeting Minutes2. 3. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Wednesday, November 16,2022,6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 PARTICIPATION INSTRUCTIONS Were included on the agenda. CALL TO ORDER The meeting was called to order at 6:30 p.m. PLEDGE OF ALLEGIANCE Vice President Jones led the pledge. 4. ROLL CALL 5. DIRECTORS PRESENT J. Wayne Miller, PhD, President Brooke Jones, Vice President Trudi DesRoches Phil Hawkins Tom Lindsey 2022-134 STAFF PRESENT Mark Toy, General Manager Doug Davert, Assistant General Manager John DeCriscio, Operations Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager Alison Martin, Public Affairs Manager Annie Alexander, Board Secretary ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/ DELETIONS TO THE AGENDA President Miller recognized the recent passing of Director Hawkins' father, Hon. Phillip D. Hawkins, Sr., and noted that this meeting would be conducted in his special memory. A moment of silence for Hon. Hawkins, Sr. was then taken. General Manager Toy expressed his sincere condolences to Director Hawkins and his family. Mr. Toy then noted the addition of a flow chart (Exhibit B) for Item No. 9.1. to illustrate the sequence of events set forth in the encroachments policy. He also noted the addition of a new section in the policy (4.5.) to reference the flow chart. Copies of the revised policy including the flow chart were distributed to the Board and made available to the public. Mr. Toy also requested to defer Item No. 13.1 to the next regular Board meeting due to technical issues with the A/V system. Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 2022-135 6. INTRODUCTIONS AND PRESENTATIONS 6.1. Elected Official Liaison Reports None. 6.2. Federal and State Legislative Update Staff referenced the report included in the agenda packet for which there were no questions or comments. 7. PUBLIC COMMENTS Al Nederhood, resident, commented on the content of a political campaign mailer associated with the recent election. 8. CONSENT CALENDAR Vice President Jones requested to remove Item No. 8.10., Directors Lindsey and DesRoches requested to remove Item No. 8.8., and President Miller requested to remove Item No. 8.7. from the Consent Calendar for separate action. Director Hawkins made a motion, seconded by Director DesRoches, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0 on a roll call vote. 8.1. Minutes of the Board of Directors Meeting Held October 24, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Reauthorizing Continuation of Virtual/Teleconference Board Meetings Recommendation: That the Board of Directors reauthorize the continuation of virtual/teleconference meetings pursuant to AB 361 for an additional 30 days based on the findings that (1) the Board has considered the circumstances of the state of emergency for COVID-19, and that (2) state and local officials continue to impose or recommend measures to promote social distancing. 8.3. Legislative Platform for Calendar Year 2023 Recommendation: That the Board of Directors approve the proposed legislative platform for calendar year 2023. Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 2022-136 8.4. Status of Communications Activities Recommendation: That the Board of Directors receive and file the monthly communications activities report. 8.5. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,851,711.12. 8.6. Unaudited Financial Statements for First Quarter of Fiscal Year 2022-23 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the First Quarter of Fiscal Year 2022-23. 8.9. Agreement with City of Placentia for Valve Box and Manhole Adjustment for Fiscal Year 2022-23 Recommendation: That the Board of Directors authorize the General Manager to execute an agreement with the City of Placentia to adjust District manhole and valve boxes impacted by the City's paving projects, subject to legal review by General Counsel. 8.11. Terms and Conditions for Water and Sewer Service with the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints for 17142 Bastanchury Road Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints for 17142 Bastanchury Road. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION President Miller commented on the District's investment profile as related to Item No. 8.7. and current yields and flexibility of treasury bonds versus CDs. He noted that staff will be preparing associated investment options for the Board's consideration at a future meeting. Directors Lindsey, Hawkins, and DesRoches commended staff for the thorough and detailed report associated with Item No. 8.8. Director DesRoches requested staff include the budgeted amounts for each project in this report for comparison with the expenditures. Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 2022-137 General Counsel Gagen and staff responded to questions from Vice President Jones regarding provisions to protect against potential liability contained in the documents being considered for Item Nos. 8.8. and 8.10. Director Lindsey made a motion, seconded by Director Hawkins, to approve Item Nos. 8.7., 8.8., and 8.10. Motion carried 5-0-0-0 on a roll call vote. 8.7. Cash and Investment Report for the Period Ending September 30, 2022 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ending September 30, 2022. 8.8. Capital Improvement Plan (CIP) Progress Report for First Quarter of Fiscal Year 2022-23 Recommendation: That the Board of Directors receive and file the Capital Improvement Plan Progress Report for First Quarter of Fiscal Year 2022-23. 8.10. Declaration of Restrictive Covenants with Michael Major and Kimberly Major of 4179 Pepper Avenue, Yorba Linda Recommendation: That the Board of Directors authorize the Board President and General Manager to execute a Declaration of Restrictive Covenants with Michael Major and Kimberley Major of 4179 Pepper Avenue, Yorba Linda. 9. ACTION CALENDAR 9.1. Adoption of Encroachments Policy General Counsel Gagen reviewed revisions made to the proposed policy based on discussion during the last Board meeting. Staff then reviewed the new flowchart identified as Exhibit B and responded to related questions from the Board. Staff also noted that the Declaration of Restrictive Covenants included as Exhibit A was a template and will be amended as needed to address individual situations. Pres. Miller noted that this policy had been drafted at the request of the Board. Director Lindsey requested the final policy be shared with City agencies for which the District provides water/sewer services and brought back for Board review in a year's time. Discussion followed regarding provisions in the policy as compared to similar, but potentially contradictive provisions in Exhibit A, provisions for protection against potential liability, starting the communications log earlier in the process, and using certified mail to contact the property owner. Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 4 2022-138 Director Lindsey made a motion, seconded by Director DesRoches, to adopt Resolution No. 2022 -XX adopting, in its substantial form, an Encroachments Policy, with the following instructions and requested amendments: ■ Bring the finalized policy back to the Board for review in a year's time. ■ Amend provisions contained in the Declaration of Restrictive Covenants template (Exhibit A) to eliminate contradictions with the policy. ■ Amend the policy and flowchart to require at least two different methods for contacting the property owner. ■ Amend the flowchart to start the communications log immediately before contacting a City agency. Motion carried 5-0-0-0 on a roll call vote. 9.2. Association of California Water Agencies (ACWA) Proposed Amended and Restated Bylaws Al Nederhood, resident, commented on the role of ACWA and the proposed amendments to the association's bylaws. He also commented on content contained in a political campaign flyer related to the location of previous ACWA conferences. President Miller explained that he would not be present at ACWA's General Membership Meeting during which the vote was to take place and suggested designating the General Manager and Assistant General Manager as delegate and alternate delegate respectively, to vote on the District's behalf. Director Miller made a motion, seconded by Director Jones, to designate General Manager Mark Toy as delegate and Assistant General Manager Doug Davert as alternate delegate to vote on the District's behalf during the upcoming ACWA General Session Membership Meeting(s). Motion carried 5-0-0-0 on a roll call vote. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. Director's Reports Director Hawkins reported on positive feedback he had received on General Manager Toy's presentation at a recent Yorba Linda Chamber of Commerce meeting. Director Lindsey reported on topics discussed during the virtual State of OC Sanitation event. Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 2022-139 Director DesRoches reported topics covered during the City of Yorba Linda's recent Council meeting including local crime statistics. Director Lindsey noted that a new fire chief had been appointed for the City of Yorba Linda and encouraged staff to get in touch. 10.2. General Manager's Report General Manager Toy referenced his report in the agenda packet and commented on his recent speaking engagements. He also briefed the Board on the status of the MOU with MWDSC for the helicopter hydrant. President Miller commended Engineering and Production staff for their assistance with a recent tour of the PFAS Treatment Plant for engineering students at UC Riverside. 10.3. General Counsel's Report None. 10.4. Future Agenda Items and Staff Tasks President Miller asked if the Board was in agreement to have staff prepare alternative investment strategies for consideration at a future meeting. The Board concurred with no objections. 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Miller / DesRoches) - Next meeting will be scheduled when needed. 11.2. Joint Agency Committee with City of Yorba Linda (Miller / Lindsey) - Minutes for meeting held Monday, November 7, 2022 at 4:00 p.m. will be provided when available. Next meeting yet to be scheduled. 11.3. Joint Agency Committee with City of Placentia (Jones / Lindsey) - Minutes for meeting held Tuesday, October 25, 2022 at 4:00 p.m. will be provided when available. Next meeting yet to be scheduled. Director Lindsey and staff briefly reviewed topics discussed during the last committee meeting with City of Placentia. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1 Meetings from November 17 - December 31, 2022 Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 6 2022-140 President Miller opened the floor to public comment before the Board entered Closed Session. Director Lindsey introduced representatives for the Church of Jesus Christ of Latter Day Saints who were in attendance. 13. CLOSED SESSION The Board entered Closed Session at 7:57 p.m. Item No. 13.1 was deferred to the next regular Board meeting. 13.2. Conference with Legal Counsel -Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: Two 13.3. Conference with Legal Counsel - Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: Two 13.4. Conference with Legal Counsel - Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: YLWD v. Alex Winsberg (Orange County Superior Court - Case No. 30-2022-01284814-CU-OR-CJC) 13.5. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board returned to Open Session at 9:03 p.m. 14. REPORT FROM CLOSED SESSION General Counsel Gagen announced that no reportable action was taken by the Board of Directors during Closed Session. Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m. 2022-141 15. ADJOURNMENT 15.1. Director DesRoches made a motion, seconded by Director Jones, to adjourn the meeting at 9:04 p.m. Motion passed 5-0-0-0 on a roll call vote. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held November 16, 2022 at 6:30 p.m.